Satyabrata Sinha, J. - (1.) Interpretation of various provisions of the West Bengal Co-operative Societies Act (hereinafter referred to as the Act) and the Rules framed thereunder relating to the right of heirs of an allottee of a flat by a Co-operative Housing Society is the subject-matter of this appeal.
(2.) The fact of the matter shortly stated as follows : One Satiprasanna Bhowmick sold major part of his residential property to the appellant society wherefor a deed of conveyance was executed on 27th October, 1989. The consideration in respect of the said transaction i.e. Rs. 1,50,000/- was adjusted as an advance in part payment Of the price of 3 flats' to be given by the said society. He retained one flat in his own name and surrendered the other two flats in June, 1983 to the appellant society which was duly accepted. He died on 18th August, 1985 leaving behind him five married daughters and one married son. Two share certificates had been issued to the said deceased on 30th October, 1980 and the flat being No. A/2 on the fifth floor of Mousumi Apartment was allotted to him by a letter dated 29th November. 1982. A sum or Rs. 1.00,000- was paid to the said Society for the said apartment whence the original estimated price was Rs. 2.60,000/-.
(3.) On or about 6th December, 1986 i.e. after expiry of the period of 3 months Dr. Subrata Bhowmick son of the said Satiprasanna Bhowmick intimated to the Society the factum of his father's death wherein a request was made for time to complete the legal process for transfer of his father's interest to one of the legal heirs. Allegedly no reply was given to the said letter. A reminder was sent on 6th December, 1988, in terms whereof the special officer who was appointed in the mean time was requested to let him know how much the legal heirs owe to the society for the flat. By a letter dated 6th December. 1986 the special officer replied stating that since the transfer of the said deceased's interest was not claimed within the stipulated time i.e. 90 days, the flat has already been reallotted.;